Thursday, April 23, 2020

OMB Approves CSB Release Reporting ICR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) approved the information collection request (ICR) for the Chemical Safety Board’s “Accidental Release Reporting” rule. That rule was published on February 20th, 2020. The ICR was received at OIRA on April 10th, 2020.

The approval included the following Terms of Clearance:

“In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the final rule, and the agency will need to resubmit the ICR renewal on the FR publication date for the 30 day public comment period. In addition, OMB reminds the Agency, however, it should consult with up to 9 outside entities at least once every 3 years even if the collection of information has not changed. Finally, the agency is reminded to to (sic) cite the mandatory nature of the collection as required under 5 CFR 1320.8(b)(3)(iv)”


Okay, we officially have a new bureaucratic comedy to lighten the COVID-19 exasperation. It seems that OIRA is unaware that the final rule upon which this ICR is based has already been published. Okay, since OIRA approved the publication of the final rule, they (the organization) obviously knew that the rule had been published. Or perhaps not. I just did a search for rulemakings submitted to OIRA for approval between November 1st, 2019 and February 20, 2020; no rulemaking (not a notice of proposed rulemaking nor a final rule) was submitted by the CSB.

So, with OIRA, officially unaware that the final rule had been published, approved the ICR with the caveat that the CSB would have to submit an ICR revision when the final rule was published. Does the CSB really have authority to collect the information? Interesting legal question. Does CSB have to submit an ICR revision now? I do not know for sure, but I suspect that for the purposes of dotting the regulatory i's and crossing the bureaucratic t’s, CSB will have to submit that ICR revision request.

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